How to withdraw a joint aos and request a fraud claim on a removal of conditions

[pepper44 18]

Hi there, 

I've been married for 3 years. I recently found out that my husband lied on the initial I-129 form by not indicating he had a child while him and I were in the VISA process. I then recently found out he has been having an ongoing relationship with another woman in his home country that is now pregnant again. This is the woman he just got out of a relationship with when we met.. or so I thought. It seems he has been with her the entire time. He has probably lived in his home country more than he has lived here in the USA during the 3 years. 

 

I found out about all this last month, and kicked him out of my house. Now he is demanding his green card. It seems he plans to have her come here once his Removal of Conditions is complete. I am not worried about that because he has not worked a single job while here. 

 

I know the Removal of Conditions is his petition and there isn't much I can do but he is still on the extended 2 year green card that I am the beneficiary. 

 

I am looking for guidance on what is the best route to take. I've read that I can submit a fraud claim online, but is there anything I can send in with my evidence of the false information he put on the original K1 application and then again on the AOS application by not including this other child, which would have clearly shown he was not committed to me because the child was born in July 2016 and our interview for him to arrive here was in November of 2016. 

 

We also had an initial k1 visa from 2015 that was denied because I was not present. So it's not like we were not together. He had his BIO appointment for the I-751 in Feb. 2020 and left the states in March 2020 and returned last month. So he was gone for 9 months and then when he returned because he knew he would lose his status if he stayed out of the country for a year. this is when I found all of this out. 

Edited January 3, 2021 by pepper44

[Crazy Cat 41,888]

Nothing you can do, except:

1.  Protect yourself legally and physically

2.  Seek happiness for yourself, and move on

3.  Let him handle his own immigration matters.

Unfortunately, you are bound by any I-864 you have signed until he is no longer a legal resident or has accrued 40 hours of work credit.  Remember, you have already given USCIS and DOS a lot of evidence proving your relationship is legit.

 

It's very likely too late.  He already has his green card.....it is out of your hands now......

Edited January 3, 2021 by Lucky Cat

[TBoneTX 45,308]

Thread is moved from the K-1 Process forum to the Effects of Major Changes forum.

[Crazy Cat 41,888]

Perhaps, the best route is for you to hope he is approved for citizenship as soon as possible.

[Ed&Midori1031 330]

17 minutes ago, pepper44 said:

Hi there, 

I've been married for 3 years. I recently found out that my husband lied on the initial I-129 form by not indicating he had a child while him and I were in the VISA process. I then recently found out he has been having an ongoing relationship with another woman in his home country that is now pregnant again. This is the woman he just got out of a relationship with when we met.. or so I thought. It seems he has been with her the entire time. He has probably lived in his home country more than he has lived here in the USA during the 3 years. 

 

I found out about all this last month, and kicked him out of my house. Now he is demanding his green card. It seems he plans to have her come here once his Removal of Conditions is complete. I am not worried about that because he has not worked a single job while here. 

 

I know the Removal of Conditions is his petition and there isn't much I can do but he is still on the extended 2 year green card that I am the beneficiary. 

 

I am looking for guidance on what is the best route to take. I've read that I can submit a fraud claim online, but is there anything I can send in with my evidence of the false information he put on the original K1 application and then again on the AOS application by not including this other child, which would have clearly shown he was not committed to me because the child was born in July 2016 and our interview for him to arrive here was in November of 2016. 

 

We also had an initial k1 visa from 2015 that was denied because I was not present. So it's not like we were not together. He had his BIO appointment for the I-751 in Feb. 2020 and left the states in March 2020 and returned last month. So he was gone for 9 months and then when he returned because he knew he would lose his status if he stayed out of the country for a year. this is when I found all of this out. 

I am really sorry about this situation.  I can't imagine how devastated you may be.  "Demanding" his green card?  That's a for sure sign right there.  Best bet as mentioned before, protect yourself legally and try and be out of his life. 

[Boiler 45,525]

Quote

 VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423.

You can certainly not participate in his ROC, he will then need to switch to a Divorce Waiver.

 

Interested in how you know about the child, has he now acknowledged paternity, was there a DNA test, is he on the original birth certificate?

[Crazy Cat 41,888]

4 minutes ago, Ed&Midori1031 said:

  "Demanding" his green card?  That's a for sure sign right there

A sign as to what? Remember- Going through a K-1 and adjustment of status takes both a beneficiary and a petitioner.  Proving fraud at this point would seem to be difficult.

Edited January 3, 2021 by Lucky Cat

[Ed&Midori1031 330]

1 minute ago, Lucky Cat said:

A sign as to what? Remember- Going through a K-1 and adjustment of status takes both a beneficiary and a petitioner.  Proving fraud at this point would seem to be difficult.

You're absolutely right.

[pepper44 18]

24 minutes ago, Boiler said:

You can certainly not participate in his ROC, he will then need to switch to a Divorce Waiver.

 

Interested in how you know about the child, has he now acknowledged paternity, was there a DNA test, is he on the original birth certificate?

He has finally come clean to me about the child because the woman contacted me to tell me about it. I guess he was not paying her money and she got upset so she contacted me. I only have his email he sent to me telling me what he has done and messages from both women along with sonograms and photos of the baby which is identical to him and his other two kids. 

 

I understand I cannot do anything about his ROC and I am not asking for that. He can do as he wants. I have removed him from my life but as we all know it is taking over a year to obtain a ROC and he is still here on an extended green card which is a joint application that has my name on it. 

 

I thought that if someone lied on an application for anything and submitted it signed and it clearly states this is a sworn statement, that would indicate fraud. 

 

I guess the only thing I can do is just contact USCIS and ask them if there is anything I can do with the current Greencard. The ROC I am not worried about, he has also stated he will never live here or obtain Citizenship that he is Cuban and always will be. He only wants to come here to make money under the table and return to Cuba. 

 

Thanks for the feedback everyone. 

[Boiler 45,525]

It is not a question of indicating fraud but proving it, did he know about the third child when he went through the K1 process. And then the question arises if he did and did not disclose it would it be material.

 

Obviously Cubans have other option of being a LPR and not like he is going to be deported.

[Ontarkie 14,227]

You can collect all the proof you can find to show he kept his relationship with the mother all along. Get everything and anything that shows how often he has been gone and how little he was with you. Collect if you can all you can showing his kids. I'm sure you can figure out everything you need to complete a paper trail to what his plan has been all along. When you can get it organize it and take it to the local field office and ask to speak to the someone in the fraud department (I think @TBoneTX knows the right name for this guy)? While doing that remove him from anything and everything that you have joint with him. With as little time he has spent in the US with you as a family I would bet he realizes he doesn't have much for ROC. This way you can at least say you did your part. 

 

I'm sorry this happened to you. 

[Orangesapples 1,954]

I'm not sure I understand, do you physically have his green card? If yes, you need to return it to him. 

 

The fact that he didn't disclose his child might be an issue. It might come to bite him later. 

[JonSeattle 202]

If you file of claim of fraud against him, you are going to be exposing yourself to a lot of risk if he starts lying in his defense. From the information in your post, it could be that he just changes his mind a lot, and he could potentially dig up or even fabricate some communication that casts you as being to blame for that. The best thing is to get him into a position where he abandons his green card and agrees to a divorce. If you feel that you have iron-clad documentation, then see a lawyer about suing for fraud.

[Orangesapples 1,954]

33 minutes ago, JonSeattle said:

If you file of claim of fraud against him, you are going to be exposing yourself to a lot of risk if he starts lying in his defense. From the information in your post, it could be that he just changes his mind a lot, and he could potentially dig up or even fabricate some communication that casts you as being to blame for that. The best thing is to get him into a position where he abandons his green card and agrees to a divorce. If you feel that you have iron-clad documentation, then see a lawyer about suing for fraud.

Please show at least one example of a USC getting in trouble to fraud after reporting to USCIS. What exactly is she in danger of? And what can she gain by suing him? It doesn't seem like he has a lot of money and if he leaves the US, how is he going to pay her damages? Do you even know if it's possible to sue someone for fraud after an unhappy marriage? 

[JonSeattle 202]

3 minutes ago, Orangesapples said:

Please show at least one example of a USC getting in trouble to fraud after reporting to USCIS. What exactly is she in danger of? And what can she gain by suing him? It doesn't seem like he has a lot of money and if he leaves the US, how is he going to pay her damages? Do you even know if it's possible to sue someone for fraud after an unhappy marriage? 

 

This is an interesting article citing a lot of precedents: http://www.i-864.net/suing-on-the-i864-affidavit-of-support My point was that when one side starts bringing serious accusations, you can expect that the other side might well respond.

 

Here is another set of cases where an accusations of immigration fraud were met with counter-claims of abuse or smear campaigns.

https://cis.org/North/Victims-MarriageRelated-Immigration-Fraud-Tell-Their-Stories

 

In a lot of these cases, it seems that the hopeful immigrants are putting forward a lot of money to make the transaction happen, so apparently they are not always impoverished.